¶ Of forstallers & forstallynge.

ANd ye shall vnderstande / that a forstaller is be, that lyethe by the waye, as vitayle or corne commeth to the markette, and byeth bit, to the intent to make the vytayle or corne derer in the markette, in burte and preiudice of the kynges people. And bit was enacted, anno .xv.E.iii. the iii. chapter, and confyrmed the .ij. yere of R. the ij. the .ij chapter, that vitayle and corne forstalled [Page]shulde be forfayted to the kynge, and if it be solde, the kynge oughte to haue the value thereof, and if the offendour haue nat where with to paye, he shall be commytted to prison, there to remayn the space of .ii. yere or longer at the kynges pleasure, without lettynge to baylle, or otherwyse to be de­lyuered. And if the forstaller be atteynted at the sute of the partye, than the partye shall haue the halfe of the thyng that is forstalled and forfayted, and the kynge the other halfe.

It was also enacted, by statute of the staple, an­no .xxvij.E.iii.ca.xi. that no man shulde go by wa­ter nor lande to forstall wynes nor other marchan­dises, before they come to the staple or other porte where they shulde be discharged, nor entre within the shyppes for that entente before the marchan­dise were layde on lande, on peyne of their lyfe and forfayt of theyr landes to the lorde. But the peine of lyfe and forfayture of landes and tenementes was repelled, anno .xxxvij. eiusdem regis, ca.xvi.

¶ Of regratours and regratynge.

❧ And by cause I spake of regratours, wytteth well that a regratour is he, that byeth corne or vy­tayle brought to the market at his owne price, and selleth it agayne derer in the market, in hurt of the kynges people. whiche thynge so regrated is for­fayted, and if it be solde the value therof is forfai­ted &c. Nowe bicause it so cometh to passe, I wyll speake somewhat of vitayle & vitaylours.

¶ Of vitayle and vitayllours.

IT was defended by the statute of yorke, anno .xii.Ed.ii. that no mynister in cyte, or borowe, whiche by reason of his office ought to se the cyse of wyne and vy­tayle kepte, shulde beynge in offyce / marchaunte wynes or vytayles in grosse or at retayle, on peyne to for­fayte the same. But oure mooste gracious soue­rayne, kyng Henry the .viii. the .iii. yere of his mooste nobull reygne, in his perlyament bolden at westmystre, the .iiii. daye of Fabruary / hath repelled the same statute, & enacted by authorite of the same parlyament, for many hygh considerations, that whan any vytayler is chosen to beare office in any citie, towne, or borowe corporate, whiche for the tyme beinge in office, shuld haue the assisynge & correction for vitayle, that than .ij. discrete & bo­neste men of the same cite, towne, or borowe corpo­rate, neither of both beyng a vitayler, shal be cho­sen by the cōmynaltie, lyke wyse as the sayd officer is, whiche .ij. or one, the other beynge absent, with the sayd officer shall set the cyse & prices of vitay­les, for the tyme the sayde vitayler shall abyde in his sayde office. And after the prices and cyses so sette, it is lefull for the sayde officers, to marchant and sell wynes and all other vytayles in grosse, or at retayle, withoute any forfaytinge.

Also bit was enacted the .xxiij. yere of Edwarde [Page]the thyrd, the syxte chapter, that bouchers, fyss he mongers, inholders, brewers, bakers, poulters, & all other syllers of what so euer vitayles, shulde sylle for reasonable price, respecte had to the farre or nere cariage of the same vitayles, and he that dothe otherwyse, and is conuicte therof, shal pay the double that he receiued to the parti damaged, or in his defaut, to who that wil sue in this behalf.

And the mayres, and baillyes of cities, townes, borowghes, portis, and other places, haue power to enquere of the premisses, and to leuie the fore­sayde penaltie to their vse, at whose sute the trans­gressours were conuicte. And in case the mayres and baylyffes be conuicte before the kynges Justy­ces, as negligente in executynge of the premysses, they shalbe compelled by the same iustices, to pay thries the worth of the thing solde to hym, that is dammaged, or els in his defaute, to an other that sueth. And yet farther, they shall be punysshed at the kynges pleasure.

It was also enacted, anno xxxi.E.iij.ca.x. that who that bryngeth vitayles to London, either oy lande or water, maye frely sylle the same to whom be wylle, without distourbance of fysshemonger, boucher, pulter, or other. And that the mayre and aldermen shuld redresse the defautes of fysshmon­gers, bouchers, and pulters, lyke wy se as of them that sylle palled wyne or ale: nat withstandynge chartre of libertie, customes, or other pryuileges, made or vsed to the contrarye: on peyne of .M. marke for the fyrste defaute: for the seconde .ij.M. [Page]and for the thyrde defaute to lose theyr franchise.

It was enacted anno .vi.R.ii.cap.ix. that vitay­lcrs in no cite nor towne through Englande sbulde occupie the office of a iudge / except for lacke of o­ther sufficiente: and than while be is in that office of a iuge, be nor none of his shall sylle no vitayles on peyne of forfayture therof.

And the .vii. yere of the sayd kyng .R.ca.xi. the statutes made the .v. and .vi. yere of his reygne, touchynge fysshemongers / vinteners, and other vitaylers of London, are repelled.

It was also enacted, anno .xiii.R.ii.ca.viii. that Iustices of the peace in euery shere at theyr cessy­ons holden betwene Ester and Wichaelmas, shall do proclayme by theyr discretions, accordynge to the derthe of vitayles, what a mason, a carpenter, a tyler, and also laborers / as well in Auguste as o­ther tymes of the yere shall take by the daye, with and withoute meate and drynke. And that cuerye parsone obeye this proclamation. And vitaylers to haue reasonable gayne, after the discretion of the sayde Iustices of peace.

It is also straytely defended, anno .vii.R.ca.xv. that no person, alien, denizin, nor other, cary vy­tayles, nor do to be conueyed, in to any parties of Scotlande out of Englande, by lande or see, on peyne to forfayte the same vitayles, or other thyn­ges of reliefe, with the shyppes / vessels, cartes, or borses that carye them, excepte the kynge gyue speciall lycence to the contrarie. And be that spieth this, to haue the thirde parte of the forfayte. But [Page]Berwycke is excepted oute of this statute by acte made anno .xv.R.ca.vii.

It is enacted, anno i.H.iiii.ca.xvii. that the sta­tute made, anno .vi.R.ii. howe foreyns and alyens nat beinge the kynges ennemies, bringynge fisshe or any other vitayles to any cyte or towne within Englande, franchesed or nat franchesed / myghte frelye sylle the same by great or at retayle at theyr pleasure / withoute any let or gayne sayenge, shuld be duelye obserued and put in execution. And also agayne, anno .xiiii.h.vi.ca.vi. the same is confyr­med, and there vnto added / that if any distourbe foreyne or alyen to sylle theyr fyssbe contrarye to these ordinances, and therof is duely atteynted at the kynges or at the parties sute, be shall forfayte xl.li. And be that wyll sue for the kynge / or for him selfe, shal haue the one halfe, & the king the other.

¶ Of weyghtes and measures.

IT is ordeined / anno .li.H.iii. that an englissh sterling peny, roūde without clipinge, shall wey .xxxii. wheate cornes drye, taken out in the myddes of the eare: And .xx.d. make an vnce: and .xii. vnces make a li. and .viii.li. make a gallon of wyne: and .viii. ga­lons of wyne wake a London busshelle, whiche is the .viii. parte of a quarter. And the same yere hit was ordeyned, that the standerdes, bussbels, galōs [Page]and yerdes shulde be sealed with the kynges yron scale / and safelye kepte on peyne of an .C.li. And that no measure be made in a towne, excepte bit a­gree with the measure of our souerayne lorde the kynge, and sealedde with the common seale of the towneshyppe. And if any man bye or syll by mea­sures not sealed and examined by the meyre or bai­lyffes, be shall be greuouslye amerced. And by the statute made the .xi. yere of Henry the .vii. the .iiii. chap. all weyghtes and measures bothe great and smalle of euery cyte, borowgh, and market towne, shulde be dilygentlye sene and examyned twyse in the yere: and oftener if nede be, by the mayres, bayllies, and other beed officers.

And if any man be conuicted to vse .ii. measures, to bye by the more and fylle by the lesse, be shall as a false disceyuer, be put in pryson, and greuouslye punysshed. The standerde, busshels, galons, and yardes / shall remayne in the custody of the maire, or baylics, and .vi. bonest men of the towne sworne, before whom al measures shalbe sealed. And that no maner grayne be solde by heape or cantell / ex­cepte ootes, malte, and meale.

And by the statute made anno .xi.H.vii.cap.iiii. beed officers of townes maye sygne weyghtes and measures with an .H. crowned: and take for the markynge of euery busshell .i.d. And all weyghtes and measures founde defectyue vpon examyna­tion, shal immediatly be bourned: and the trespa­sour to forfayte for the fyrste tyme .vi.s.viii.d. the seconde tyme .xiii.s.iiii.d. the thyrde tyme .xx.s. [Page]to the mayre, bayly / or other hauynge iurisdiction there: and for farther punysshement to be sette v­pon the pillorye.

And by the statute made anno .xij.H.vii. the bus­shelle shall conteyne .viii. galons of wheate: and euerye galon .viii. pounde of wheate: and euerye pounde .xii. vnces, and all Troy weyghte.

It was enacted, anno .xiiii.E.iii.cap.xi. that the Treasorer of Englande shulde make standerdes of busshels, gallons / & weyghtes, and send them in to euery shere: and to assygne .ii. in euery shere to here / determyne, and punysshe suche as sylle by other measures: and for there expenses they sihal haue the fourthe parte of the fynes leuied in su­che cases. And that none sylle by busshell nat sea­led with the kynges seale. Nat withstandinge this acte the clerke of the market shall nat let to do his offyce: Nor lordes lose theyr francheses.

The weyghte of woulle shal be according to the standerde of the escheker anno .xxv.E.iii.cap.iiii.

And bit is defended by statute of the staple made anno .xxvii.E.iii.cap.x. that none weye any mar­chandyse with false weyghtes, on peyne to forfaite to the kynge the value of that that is solde, and treble damages to the partie: And Iustices assyg­ned haue power to enquere therof as welle at the kinges as the the parties sute: and to do execution.

And anno .xxxi.E.iii.cap.ii. bit is ordeyned that certeyne balances and weyghtes of sacke, di.sacke. ii. and quarter / accordynge to the standerde of the escheker shulde be sente vnto all shereffes of En­glande, [Page]and that eche shulde proue theyr weygh­tes / without any thynge gyuinge to the sheriffe.

And that none bye nor sylle by other measure, on peyne to be at the kynges pleasure.

And the same yere the .v.chap. the weyght called Ancell was clene fordone.

And the .xxxiiii. yere. the .vi.chap. it was ordey­ned, that the busshel, pecke, gallon, pottell, quarte through all Englande within francheses and with­out, shulde be occordynge to the kinges standerde.

And the .xiii. yere of .R. the .ii.cap.ix. bit was or­deyned that one measure and one weyghte shulde be vsed through all Englande, excepte Lancastre shere, bycause a greatter measure hath alway ben vsed there than in any other parte of the realme. And be that is conuicte for vsynge false weyghtes or measures, shall haue balfe yeres prisonement, and gree with the partie to the double of his losse. And the acte made the .xv. yere of the same kynge R.cap.iiii. wyll that none on peyne of forfayture therof, bye more for the quarter, than .viii. bus­shels striken in London or els where. And the .xvi. yere of the sayde. R. and the xi. yere of .H. the .vi. rente seruyce due to lordes is excepted, which shall be measured, as it hath bene vsed. And by the sta­tute made anno .xi.H.vii.ca.iiii. no man is preby­ted to bye within the shyppe bourde by water measure: whiche water measure shall conteyne .v. pec­kes accordynge to the standerde, raised and strykē. And also it is prouided, that the actes of weightes and measures shall nat extende nor be burtefull to [Page]Lornewall and Deuonshere.

It is enacted anno .i.H.v.cap.vii. and confyrmed the .xi. yere of H. the .vi.cap.viii. that all statutes touchynge measures shulde fyrmelye be obserued and kepte: and no puruciour for the kynge to bye corne but by measure stryken, and .viii. busshels to the quarter / and pay for the cariage of the same forth with. And as ofte as any purueiour or other person shall be atteynted to bye or puruey corne o­ther wyse, to haue a holle yeres prisonement, and paye .C.s. to the kynge, and .C.s. to the partye greued. And the mayre of London to be sworne in the escheker / to execute the statutes of weyghtes and measures. And lyke wise all other mayres and baylliffes to be sworne, whan they take theyr charges. And as well they as Iustices of the peace haue power to put the same in execution, as well at the kynges as the parties sute.

And accordynge as it is enacted anno .viii.H.vi.cap.v. that euerye cyte on peyne of .x.li euerye bo­rowe on peyne of .C.s. and euerye village, where a constable is on peyne of .xl.s. shulde haue a com­mon balance, with weyghtes accordynge to the standerde: and all thinbabitantes of the same tow­nes frelye to weye without any thynge gyuynge: and foreyns to paye for euery draughte of weyght xl.li.q. and for euery draught betwene .xl.li. and C.li.ob. and for euery draughte betwene .C.li. and M.li.i.d. So lyke wyse it is ordeyned by his pre­sente statute, that vpon lyke peyne euery towne, bo­rowghe, and village shall haue a common busshell [Page]sealed accordynge to the standerde, and nothynge to be taken for measurynge of corne. And that Iu­styces of peace, mayres, bayliffes, and stewardes of francheses, aue power to examyn trespasours in the premisses: and them to punyss be vpon exami­natiō or enquest. But the .xi. yere of Henry the .vij. the fourth chaptre, bit was prouided that the pe­naltie conteyned in the statutes for none bauyng of weyghtes and measures sealed, shall nat extende to any towne, that is nat a citie or a market towne.

It is also enacted the fourth yere of our most gratious souerayne, Henry the .viij. the .vij. chapter, that who that vseth to bye or syll pewter or brasse, and vseth false beame or weyghte, shall forfayt .xx.s. the one halfe to the kynge, andthe other halfe to hym that wyll sue: in whiche action protection nor effoen lyeth nat. And the partie shall: forfayte his beame to hym that wyll seyse hit. And if the party be nat able to pay the some that is forfaited, than the mayres, baylyffes, or other beed officers of the place where be is foūde, shal put hym in the stockes tyll the nexte market day, and than to be on the pyllorie all the market tyme.

The statute made anno .xvij.E.iiij.ca.iiij. wyll, that tyles shuld be well blanched and anuled, and the tyle erth to be dygged and caste before the fyrst daye of Nouembre: and that the same erthe be styred and turned before the fyrste daye of Febru­arye, than nexte ensuyng, and nat wrought before the fyrst day of Marche nexte folowyng, and that therth be well tryed er bit be wrought. And euery [Page]playne tyle conteyneth .x. ynches and an balfe in lengthe, and .vi. and a quarter in breade, and .iij. quarters of an ynche in thyckenes. And euerye roffe or crest tyle to conteyne in length .xiii. ynches, and .iii. quarters of an ynche in thyckenes with conuenient depenes. And euerye gutter or couerte tyle to conteyne in length .x. ynches and a halfe.

And who that sylleth any tyle nat accordynge to this ordynaunce, shall forfayt to the byer the dou­ble value, and make fyne and ransome to the kyng, and be that wyll sue shall haue suche proces as is vsed in action of dette at the cōmon lawe: in whi­che action protection nor essoen lyeth nat. And Iu­styces of the peace haue power to enquere hereof. And by due infourmation to cesse for euerye .M. playne tyle, sette to sale contrary to this ordynāce v.s. and for euery .C. roffe tyle .vi.s.viii.d. and for euery .C. corner or gutter tyle .ii.s. And the .ii. serchours of tyles maye presente the defautes be­fore Iustices of peace, and that presentement is as stronge as of .xij. men.

It is ordeyned, that .iii. barlye cornes, drye and rounde, make an ynche: and .xii. ynches make a fote: and .iii. fote make a yerde: and .v. yerdes and a balfe make a perche: and .xl. perches in lengthe and .iiii. in breade make an acre.

Hit appereth in the treatise De compositione pond. that thirtye formels make a carre of leade: and syxe stone saue .ii. pounde make a formell: and .xii. pounde make a stone: and .xxv.s. in weyghte ma­keth one pounde. Some saye, that .xii. weyes after [Page]Troy weyght, make a carre of leade. The weye, as well of leade as of flacce, salte, oynions, and chese shall wey .xiiii. stone: and .ii weyes of wolle make a sacke: and .x. sackes make a laste.

And it was enacted the .xiiii. yere of E. the third, the thyrde chapter, and anno .xi.H.vii. the fourth chapter, that the sacke of woulle shulde wey .xxvi. stone: and euery stone fourtene pounde.

And bit was defended the .xiii. yere of R. the se­conde the .ix. chaptre, that no marchant nor other shulde bye woull by those wordes, good packyng.

The laste of hearrynge conteyneth .x. thousande / and euery thousande .x. bundred: and euery hun­dred syxe tymes .xx.

XX. dickers make a last of leather: and .x. hydes make a dycker. And .x. peyre of gloues make a dic­ker. And .x. borse showes make a dycker. But .xii. peyre of gloues make a dosen: and .xij. skyns of parchement make a dosen.

Also the hundred of waxe, fysshe, almons, and a­lome conteyneth .xii. stone and a balfe: and euery stone .viii. pounde, and the bundred is fyue tymes xx. and the poūde .xxv.s. And wytteth, that .xx.s. weyghte of pence maketh a pounde in confections of spices, as in weyeng of lectuaries: but the poūd of all other thynges shall wey .xxv.s. Also in lec­tuarie confections the pounde conteineth .xii. vnces and the vnce of this weight peyseth .xx.d.

The hundred of bourde, canuas, and lynnen clo­the conteyneth an hundred elles and bourde: and euery hundred conteyneth .vi. tymes .xx. But the [Page]hundred of yron conteyneth .v. tymes .xx. and the dosen conteyneth .vi. peces.

The Garbe of stele conteyneth .xxx. stone.

The Seem of glasse is .xxiiii. stone: and euerye stone fyue pounde, and so the Seem conteynethe syxe tymes .xx. pounde.

X. stickes make a bynde of yeles .xxv. yeles make a stycke. Thre and thyrty felle make a bynde.

The tymber of Cony skyns and gryffons is .xl.

The Shefe of fustayne is .xiii. yardes.

The Shefe of sandell is .x. yardes.

¶ Howe moche vessels of wyne / oyle, hony, yeles, salmon, & hearringe shall bolde and conteyne.

THe second yere of Henri the syxte the .xi. chaptre it was ordeyned, that the tounne of wyne shulde conteyne .xii. ty­mes .xx. and .xii. gallons, the pype syxe tymes .xx. and syxe gallons, the tertian, and hog­geshed of Gascoyne wyne after the same rate, on peyne to forfayte the same wyne to the kinge.

And the .xviii. yere of the sayde kynges rayne, cap .xvii. bit was ordeyned / that tounnes, pypes, tertians, and boggesheedes of wyne, oyle, and honye / shulde conteyne, the tounne .xii. tymes .xx. and .xii. gallons: the pype .vi. tymes .xx. and syxe gallons: the tertian .iiii. tymes .xx. and .iiii. gal­lons [Page]the boggesheed .iij. tymes .xx. & .iij. gallone. And that neyther tounne, pype, tertian, nor bog­gesbeed of wyne, oyle, nor bonye be solde before they be gauged, on peyne to forfayt the wine, oyle­or honye so solde, or the value therof. And what countrey man so euer he be that syllethe tounne, pype, tertian, or boggesbeed of wyne, oyle, or bonye, to any of the kynges subiectes for a certayne price, and lacketh of the measure, be shall rebate so moch to the byer as the lackynge a monteth to­on pyne to sforfaite to the king the value of all the wyne, oyle, or bony, solde to the contrary: nat with standyng any priuey couenaunt or contracte made or to be made betwene the byer and the syller.

The same is enacted / anno .i.R.iii.cap.xiii. And farther defended, that no person brynge in to this realme any Butte of maluesey to be solde, excepte it conteyne .vi. tymes .xx. and .vi. galons: Euerye barell to conteyne .xxxi. gallons and .di. And the rounlet .xviii. gallons and a halfe.

And anno .iiii.R.ii.cap.i. bit is enacted, that all wynes, oyle, bonye, vinegre, and all licours shuld be gauged, on peyne of forfaiture.

It was ordeyned anno .xxii.E.iiii.ca.ii. that no strange marchant, denizin nor other, shulde sylle nor put to sale any butte of salmon, except it conteined .lxxx. and .iiii. galons: the barell .xlii. galons: the balfe barell .xxi. galons well and truelye pac­ked, on peyne to forfayte for euery butte, barel, and halfe barell, lackinge of the sayde measure .vi.s.viii.d. And that no marchaunte beynge vnder the [Page]kynges obeysance, shulde put to sale any vessell of salmon, excepte bit were well and truelye packed, the great salmon by bit selfe withoute medlyng of grylles or broken bealed salmon there with. And that al grilles shuld be packed by them selfe alone on peyne to forfayte for euery butte, barel, & halfe barell .vi.s.viii.d. And that no personé put hear­rynge to sale, by barell, balfe barell or fyrkyn, ex­cepte the barell conteyne .xxxij. galons, & the halfe barell & fyrkyn after the same rate / on peyne to for­fayte and lose for euery barel, halfe barel, & firkin, lackynge of the sayd measure .iii.s.iiii.d. And that the same bearryng shulde be well & truely packed, of one tyme takynge and saltynge. And that it be as well packed in the myddes, as at the endes, on peyne to forfayte for euery barell, halfe barell, and fyrkin sorted, couched and packed contrary to this acte .iii.s.iiii.d. And that no marchant nor palyng­man sylle nor put to sale yeles by barell / halfe ba­rell / or fyrkyn, excepte the barell conteyne .xlij. gal­lons: and the halfe barell and fyrkin after the same rate, on peyne to forfayte for euery barell, halfe barell and fyrkyn, so fautynge of theyr sayd measure x.s. Nor to medell the galbytten, storuen, pylled, nor red yeles with the good yeles: But the good to be well and iustely packed and solde by them selfe, on peyne to forfayte for euery barell, halfe barell & fyrkin, mingled, packed, and put to sale contrary to this acte .x.s. And that meyres, baillyffes, and other gouernours of cytes, townes, borowghes, and other places, haue power to chose discrete and [Page]experte persons to serche & gauge all suche vessels.

The same acte and euery thynge therein compri­sed is confyrmed and ratified the .xi. yere of henry the .vii.cap.xxiiii.

¶ Of purueyours.

IT is ordeyned among other thynges conteynedde in Magna Larts, the .xix.chap. that no constable of castell nor his bailye shal take any mans corn or other cataile, that dwel nat in the towne where the ca­stell standeth, excepte be paye forth with, or may haue respyte with good wylle of the syller: And if they dwelle within the sayde towne, to paye with­in fortye dayes.

And bit is ordeyned the .xxi. chaptre folowinge that no lordes carte, of any person of holy church, of knygbte, or lady, shall be taken by the kynges baylies. Nor no chiefe bayllye nor other, to take a­ny mans borses or cartes to make caryage, excepte he yelde the lyberation of olde ordeyned, that is for .ii. borses and a carte .x. pens a day: for .iii. hor­ses and a carte .xiiii. pens a daye.

It was defended .w.i.ca.i. that none shuld take vitayle or carte agaynste the owners wylle, if any dyd, to yelde double damages. And if the partye wolde nat / the kynge shulde haue the sute: and the indited shalbe attached and distrayned by grande [Page]distres, that conteyneth one monethes space in the kynges courte, swhere hym pleaseth. And if they come nat at the day, they shall be distrayned by o­ther distresse conteynynge syxe weekes space: and than if they come nat, to be atteynted, and yelde double dammages to the damaged / at the kynges sute: and make fyne with the kyng.

It is prouided. w.i.ca.xxxi. if any take vitayle, or other thynges to the kynges vse, for garryson or castell, and after they haue receyued paymente at the eschcker, warde robe / or other place, wyl nat pay the creditours, but to theyr great damage and sklandre of the kynge withholde their duetie / that than forthe with the duetie shall be leuied on their landes and goodes (if they haue anye) and paye there with the credytours, with damages / that they had therby, and to be rayned for the trespas. If they haue no landes nor tenementes, to re­mayne in prison at the kynges pleasure. And bit is also prouyded, if any take parte of the dettes or any other lowaunce of the kynges credytours for paymente of the same dettes / they shall yelde the double, and be greuouslye punysshed at the kynges pleasure.

Also it is prouyded if any being of the court, take moo horses or cartes for the kynges caryage than nedeth: and taketh lowance to let them go agayn, be shall be greuouslye chastysed by the marshals. And if it be done oute of the courte by any of the courte or other / be shal yelde treble damages, and haue .xl. dayes prisonment.

It is ordeyned, anno .iiii.E.iii.cap.iii. that no pouruey our shulde make price of any thynge, nor take corne but by common measure stryken, nor take any thynge, but accordynge to the very value sette by the constables or other good folkes, and paye or the kynge departe the verge. And none to haue pourueyours but the kynge, the quene, and theyr children. Nor the kynges pourueyours to take nothynge, excepte they shewe theyr warantye vnder the kynges greatte seale. And if any take oughte without warantie, and caryeth hit awaye agaynst his wyll that oweth the sayde goodes, to be forthe with arested by the village where hit is, and commytted to the nexte geale: And if he be at­teynted and the quantite of the thynge demaunde, to suffre as a felon.

It was enacted anno .v.E.iii.ca.ii. that consta­bles and .iiii. honeste: menne of the village therto sworne, shulde set the price of that that is puruey­ed for the kynges house, the quenes, and their chil­drens. And that in the presence of the constables and praysours, tayles be made betwene the pour­ueyours and the owners of the thynges taken, and sealed with the pourueyours seales: by whi­che tayles gree shal be made with them, of whom the pourueyunce was taken. And if any taker or purueyour for the foresayde houses do otherwyse, to be forthe with arrested by the village where hit is, and commytted to the nexte geale: And if he be atteynted therof, and the quantite of the thyng require, to suffre as a felon. And from henseforthe [Page]the fourme and peyne conteyned in this estatute, to be conteyned in the commissyons of suche takers, and purueyours, whether they be vnder the kyn­ges smalle seale or great seale.

It was prouided anno .xiiii.E.iii.cap.xviii. that pourueyours shulde take nothynge without the syllers agree therto. And marchauntes and other houest men to be deputed by the treasorer to make purueance for the kynges warres, and for castelles and townes in Scotlande, Englande, and other places. And commissions to be sent to the shereffe to make purueyance of the issues of his bailiwyke for the kinges horses wher they lye at liuere. And if there be any moo founde, but a boye for euerye horse, and an backeney for the keper, they shuld be put in prison, there to remayne at the kynges plea­sure. And to pay or they departe the verge. And lykewyse the shereffes to be commanded, to make purueyaunce for the kynges dogges, of the issues of theyr baillywekes where they dwelle / that the countrey be nat charged with them. If any in this case be greued, he shall haue his recouerye a­gaynst the shereffe.

It was enacted anno .xiiii.E.iii.ca.i. And anno xviii.E.iii.ca.iiii.ꝓ clero, that goodes and fees of boly church shuld be forprised out of purueyours commissions, in what place so euer they be founde.

It was enacted, anno .xxv.E.iii.ca.i. that pour­ueyours commyssyons shulde nat be obeyed, ex­cepte they were vnder the kynges greatte seale, or smalle seale, and conteyne the peyne of the same [Page]statute, as is before sayde, anno .v.E.iii. And the same yere .ca.vi. hit was ordeyned, that no pour­ueyour, that purueyeth wodde and tymber for the kynges busynes, shulde cutte downe the trees that grewe in or about any mans house, on peyne to pay treble damages to the partie greued, a yere impri­sonment, and to forgo his office.

The same yere the .xv. chaptre it was ordeyned, that no pourueyour shulde take mo shepe before the sherynge tyme, but as wyll reasonably suffice tyll sherynge tyme: and after sherynge tyme to take none but shorne, as many as shall suffyce for the tyme to come. And he that dothe otherwyse, and is therof atteynted at the kynges or the par­ties sute, to be done with as a thefe or a robber. And this peyne to be conteyned in euery cōmission of suche pourueyours.

It is ordeyned the .xxviii. yere of the same kyng E.ca.xii. that purueyours shulde paye forth with for purueyance taken vnder the some of .xx.s. and for purueyances made to the value of .xx.s. and a­boue / to paye within a quarter of a yere after the purueyance made, at a certayne daye and place for moste ease and trauayle of the people.

The acte made anno .xxxiiii.E.iii.ca.iii. wylleth, that purueyours for pultry, and other small thyn­ges shulde paye in hande, and for great purueyan­ces within a moneth or .vi. wekes after.

It is ordeyned anno .xxxvi.E.iii.ca.ii. that onely the kynge and the quene shall haue takers, and to pay for what vitayles as they take in hāde, as the [Page]price of the markette is: and if they can nat so ac­corde, the purueyance to be rated, by the bailiffes, constables, and .iiii. honest men: and that they take in conuenyent wyse: and nat more than shall suf­fyce the .ii. houscholdes. And the beynous name of purueiours to be changed and called byers: and the same byers to be suffycient to answere to the kynge and the people: and none of them to haue a deputie: and eche commyssyon to be sealed with the great seale, and euery halfe yere restored in to the chancery and newe made, conteynynge all the matter and maner of theyr takynges and byenges: and no byers saue the kynges and the quenes to be obeyed / nor theyrs, withoute they paye as is a­fore sayde. And to take all maner grayne by mea­sure stryken accordynge to the standerde. And for caryage therof to pay in hande, and to take no mo than shall suffice for the cariage: no byer nor taker of caryage to do contrarye on peyne of his lyfe.

And in the .iii.chap. folowynge hit is defended, that no byer of vitayles, nor taker of cariage take no gyfte nor other good tourne to spare any man, nor charge nor greue any with suche takynges, byenges, and caryages, through bate, enuy, or yll wyll: on peyne to yelde treble damages, and ii. yeres emprisonement, and farther to be punys­shed at the kynges pleasure: and after forswere the courte. And if the partie wyll nat, who so euer wyll sue for the kynge shall haue the thyrde penye recouered for his trauayle: And yet neuer the lesse the byer & taker shall haue the peyne in the article [Page]afore sayde. And euery byer to beclare seuerally in his accompte all takynges and byenges of euerye shere- towne, village, and person.

And it is ordeyned the .iiii.chap. folowynge, that commyssyons shulde be made and sende downe in to euery shere to enquere of the sayd byers and ta­kers demeanour. And if hit be euidently proued, that they toke more than came to the vse of the .ii. forsaide householdes, or paide nat for all that they toke, they shall haue iugement of lyfe and mem­bre. And this ordynance extendeth as well to the purueiours for the great borses of both the forsaid householdes, as to the forsayde byers and takers.

And it is defended on lyke peyne the .v.chap. fo­lowynge, that none of the kynges or the quenes house, of what astate so euer he be, shall haue a purueyour, nor take no thynge, but with the good wyll of the syller / and paye therfore forthe with.

And hunters, faukeners, and scriantes of armes and other officers perteynynge to the sayde house­holdes to haue lyke peyne, if they offende.

It is ordenyed anno .i.R.n.ca.iii. that prelates and clerkes greued by purueyours, shall recouer treble damage by action of trespas.

It is defended the .xx. yere of .R. the .ii.ca.v. that none take horse or beaste of any mans withoute be haue sufficient authorite of the kynge, if any do, to be taken and layde in prison, there to remayne, tyll he haue agreed with the partye.

It is ordeyned anno .i.H.vi.ca.ii. that all statu­tes and ordinances, made for purueiours and nat [Page]repelled shulde be kepte and executed in all poyn­tes, and euery sheriffe of the realme of Englande, to cause them .iiii. tymes in the yere to be proclay­med through his bayllyewyke, on peyne to paye a.C.s. to the kynge for euery tyme that he fauteth. And the commaundement from the kynge to hym sent, to delyuer to his successoure by endenture betwene them made: who shall on lyke peyne make lyke proclamation.

And also where it was enacted anno .ii.H.iii.ca.xiiii. that no purueyour on peyne to lose his offyce, & paye as moche to the partie greued, shuld take any purueyance for the kynges house, to the value of .xl.s. and within, excepte he payde forth with: it is ordeyned anno .ii.H.vi.ca.viii. that if any purueyour, byer, or taker dyd other wyse, it shuld be lefull for any the kynges subiectes to resyst them, & in no wyse suffre them to make suche purueyan­ces: & the coustables / tythyngman, & chefe pledge of villages to be assistyng to the possessour or syller of suche thynges, if they be requyred therto, on peyne to yelde the value of the thynges taken, to the partie greued. And that no officer of the kyn­ges, on peyne to lose .xx.li. halfe to the kynge, and halfe to hym that wyll sue, cause to arrest, vexe, or emplede any of the kynges subiectes, in any of the kynges courtes, for suche reteininges. And Iusti­ces of peace in euery shere haue power to enquere, here, and determyne any thynge done agaynst this acte, as well at the kynges sute as others, and do due punishement and execution, and awarde damages [Page]ges to the partye playntife, if the defendaunt be duely conuicte: and the defendant shall answere withoute ayde of the kynge. And in sucbe actions proces to be made as in wrytte of trespas agaynst the peace. And this ordynance to be expressed in pourueyours commyssyons. And this ordynance amonge other statutes of pourueyours, byers, & takers, to be sente downe in to euerye sbere of En­glande / to be proclaymed by the sheresses.

It is ordeined anno .xxiii.H.vi.ca.ii. that the acte touchynge pourueyours, made anno .xxxvi.E.iii. sbulde be duely kepte and put in execution: and o­uer that, that euery purueyour and byer (before they had theyr commyffyons) shulde be sworne in the Chancerye: to take nothynge contrarye to the ordynances made the forsayde yere. And farther bit is ordeyned, bycause the poure people be nat a­ble, nor darre nat resist nor sue at the lawe the sayd purueyours and byers, that the prisours, the vil­lage, and all the villages adioynyng / shall do their deuoirs to resiste the byers and purueyours, that do contrarye to the statutes, and in all that they may to execute the forsayde statutes agaynste the purueyours, if they be required. And be that is greued, may chose whether be wyll take an action of dette against the preysours, the village, or vyl­lages, and either of them, that do nat theyr deuoir whan they are required, to resiste (in fourme afore sayde) the purueiours or byers: or els agaynst the sayde purueyours and byers, and either of them: to recouer the value of his goodes so taken: and [Page]ouer that his costes & damages treble. Nor that no purueyour, nor other offycer of the kynges in no maner wyse trouble nor vexe in any of the kyn­ges courtes, any of the kynges subiectes, for execu­tyng of the forsay de ordynances / on peyne to paye xx.li. to the partie greued aboue his costes and da­mages susteyned in that behalfe. And that here v­pon he shall haue a wryt of dette. And euery issue triable in this actiō shal be tried in the shyre / wher the goodes were taken.

And the sergeant of the Thatery shal satisfy all damages, dettes, and executions / recouered agaynst any purueyour or byer vnder hym, in case the pur­uey our or byer be nat sufficiente. And in this case the partie plaintyfe shall haue Scire fac. to haue execution agaynste the sayde sergante. And these ordynaunces and statutes to be sente to Iustices of peace, in to euery shire to be proclaimed euery yere and the people enfourmed.

And it is defended the .xiiii.chap. folowynge that no bier or other officer of any lorde or other estate, excepte the kynges and the quenes, presume to take vitayle, corne, baye, cariage, or any other thynge of any of the kynges subiectes agaynst their wyl­les, if they do, to be arrested by the maire, shireffe, bayly, constable, or other officer of the place where it is, and put in prison, there to remayne withoute baylle or maynprise / tylle the tyme they haue yel­ded agayne all the sayde vitayles, cariages, and o­ther thynges taken, or the value therof.

And if the sayde mayre, shireffes, bayllyes, con­stables, [Page]and other officers before named do the con­trarye, that than they shall forfayte .xx. si. the one halfe to the kyng, and the other halfe to the party, of whom suche thynges were taken, if he wyll sue for hit by action of dette, in whiche sute the defen­dant shal nat wage his lawe. But in case the party wyll nat sue, than who that wyll sue for the kynge and hym selfe, shal haue the one halfe of that that is recouered. And if the defendant be duelye con­uicte, he shal yelde the treble value of that that is taken to the partie that sueth, with double costis, and to make fyne and ransome to the kynge. And in all suche actions and sutes, there shall no prote­ction for the defendant be allowed.

It is also ordeyned the .xxviii. yere of Henry the syxte, the seconde chaptre, that all letters patentes or grauntes that are made or to be made vnto any persone or persones holdyng bostries, brewhouse, or house of retayle of vitayles; to be purueyours for terme of their lyues, shulde be voyde and of no value or effecte. And that no persone or persones; shulde take horse or carte, excepte he agree with the owner therof: and be to hym delyuered by the mayre, shireffe, baillysse, or constable, where as suche takynges is. And that he or they that fynde hym or them selfe grened contrarye to this ordy­nance, shall recouer treble damages by action of trespas at the common lawe. The kynges prero­gatyue and prehemynence, of and in the prentys­ses alwaye saued.